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The Ä¢¹½ÊÓƵAT dismissed the appeal. The Ä¢¹½ÊÓƵAT found that AAL was given notice of the need for her to return to the duty station, as well as sufficient opportunity to apply for sick leave. However, she did not request such sick leave, nor did she return to work, leaving no option for the Administration other than to place her on SLWOP. She also failed to provide evidence that there were ¡°compelling personal circumstances¡± so as to engender a decision to allow her to continue to telecommute from outside her official duty station. The Ä¢¹½ÊÓƵAT further found that the Ä¢¹½ÊÓƵDT did not err in finding that AAL...

The Ä¢¹½ÊÓƵAT dismissed the appeal. The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding that Mr. Reiterer had committed the alleged misconduct. The Ä¢¹½ÊÓƵAT agreed with the finding of the Ä¢¹½ÊÓƵDT that the established facts amounted to misconduct on the part of Mr. Reiterer, namely that he violated ST/SGB/2008/5 concerning count one and ST/AI/2013/4 concerning count two. The Ä¢¹½ÊÓƵAT further found that given the nature and the specific facts surrounding Mr. Reiterer¡¯s misconduct, the sanction of demotion by one grade with deferment, for one year, of eligibility for consideration for promotion, was not...

The Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵDT¡¯s conclusions that (1) four of the six incidents underlying the hostile work environment charge against the appellant were not established, but that two incidents were; and (2) appellant had unlawfully interfered with a recruitment exercise which also created a hostile work environment. The Ä¢¹½ÊÓƵAT rejected appellant¡¯s contention that because the Ä¢¹½ÊÓƵDT considered that certain actions were not harassment, that they could not constitute misconduct. Whereas certain comments by the appellant about the gender composition of the senior management team, or a failure by appellant...

The Ä¢¹½ÊÓƵAT held that the Dispute Tribunal correctly reasoned that under the Ä¢¹½ÊÓƵFPA Disciplinary Framework, the assessment of the facts of misconduct is not exclusive to OAIS, but that the Director of the Department of Human Resources (Director/DHR) must also analyze the evidence, and such analysis could lead DHR to a different conclusion than that of OAIS. Accordingly, in this case, the Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵFPA Administration had the authority or locus standi to proceed with a disciplinary process even in the absence of a finding of misconduct by OAIS. The Ä¢¹½ÊÓƵAT further held that the Ä¢¹½ÊÓƵFPA...

The Ä¢¹½ÊÓƵAT held that there was a preponderance of evidence that the staff member was a passenger in a clearly-marked Ä¢¹½ÊÓƵ vehicle in which acts of a sexual nature took place as it circulated in a heavily-trafficked area of the city. His conduct constituted an exceptional circumstance in terms of Section 11.4(b) of ST/AI/2017/1, especially considering the serious and grave nature of the conduct in which he was involved, captured on the video clip which was circulated widely, causing significant harm to the reputation and credibility of the Organization. His placement on ALWOP was a reasonable...

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT did not err in law or fact or exceed its jurisdiction and it dismissed the Secretary-General's appeal. The Ä¢¹½ÊÓƵAT found that the Administration had been made aware of the disharmonious working conditions within the Regional Office for Europe and had failed to take timely action. By exposing Mr. Cahn to harmful working conditions for a considerable amount of time (several months), the Administration failed in its duty of care vis-¨¤-vis Mr. Cahn to timely implement preventive or interim measures and thus prevent any possible harm to his health, irrespective of whether...

The Tribunal was satisfied that as Head of Entity, the Head of Mission/Force Commander had delegated authority to reassign a staff member within Ä¢¹½ÊÓƵIFIL under staff regulation 1.2(c). The Tribunal further found that maintaining a harmonious work environment and the prevention of prohibited conduct was a valid operational reason for reassignment. The application was dismissed.

Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT correctly concluded that the contested decision not to initiate an investigation due to the resignation of her SRO was lawful as part of a reasonable exercise of discretion. Though the term ¡°preliminary assessment¡± in ST/SGB/2019/8 was not specifically used in the contested decision, it was clear that Ms. Fosse¡¯s complaint was preliminarily assessed before the decision was made that no investigation would be undertaken. While the previous Bulletin (ST/SGB/2008/5) may have been in force when she lodged her complaint and when it was the subject of a preliminary...

Mr. Pierre filed an appeal. Ä¢¹½ÊÓƵAT found no error in the Dispute Tribunal's conclusion that the application was not receivable. The contested decision did not have legal consequences adversely affecting the terms and conditions of Mr. Pierre¡¯s appointment and therefore, there was no appealable administrative decision. Ä¢¹½ÊÓƵAT was satisfied that the Ä¢¹½ÊÓƵDT correctly held that since Mr. Pierre had no expectancy of renewal of his fixed-term appointment, the short-term renewals were considered prima facie in his favour. Ä¢¹½ÊÓƵAT also found that Mr. Pierre had not provided sufficient evidence that the...

The Secretary-General's appeal challenged the Ä¢¹½ÊÓƵDT order referring the maternity leave decision for accountability. Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT erred by adjudicating the issue as it had already been adjudicated in an earlier judgment. In adjudicating the same issue a second time, the Ä¢¹½ÊÓƵDT exceeded its competence since the maternity leave decision had not been challenged before the Ä¢¹½ÊÓƵDT in the instant case; and the earlier judgment, which was affirmed on appeal (rendering it res juidcata), held that the application in relation to the maternity leave decision was not receivable ratione temporis and...